[Adopted 11-15-2017 by L.L. No. 2-2018]
This Local Law shall be known and may be cited as "Local Law No. 2, 2018, amending the Zoning Ordinance of the Town of Halfmoon, Local Law No. 5 of 1995, and the map and official regulations relating to zoning of the Town of Halfmoon," creating a planned development district known as "Pinebrook Hills Planned Development District."
Local Law No. 5, 1995 of the Town of Halfmoon, entitled "Local Law Relating to Zoning for the Town of Halfmoon," and the Zoning Map of the Town of Halfmoon, as set forth and enacted in Local Law No. 5 of 1995, as previously amended and supplemented, be and the same hereby are further amended by creating the residential planned development district to be known and described as "Pinebrook Hills Planned Development District."
The area comprising said Pinebrook Hills Planned Development District consists of approximately 90.3 acres located adjacent to and westerly from Farm to Market Road, approximately 1.4 miles northeast from the intersection of Farm to Market Road and NYS Route 9 as depicted on the map entitled “Development Plan - Pinebrook Hills PDD,” dated January 2017 with a last revised date of October 10, 2017, which is attached hereto and made a part hereof as Exhibit A.[1]
[1]
Editor’s Note: Said exhibit is on file in the Town offices.
There shall be constructed within the area of said Pinebrook Hills Planned Development District a project generally consistent with the site plan dated January 2017, last revised October 17, 2017, prepared by Ivan Zdrahal Associates, PLLC, consisting of a maximum of 66 single-family homes, together with the necessary infrastructure and improvements in general conformity with the aforementioned site plan and in general conformity with the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts and in accordance with the negative declaration by the Town Board of the Town of Halfmoon attached hereto and made a part hereof as Exhibit B.[1]
[1]
Editor's Note: Said exhibit is on file in the Town offices.
A. 
Before application is made for any building permit, preliminary and final subdivision plan approval shall be obtained from the Planning Board of the Town of Halfmoon and the final plan shall be signed by all governmental entities having jurisdiction thereof, including but not limited to the Halfmoon Water Department, Halfmoon Planning Department, and Saratoga County Sewer District No. 1. The final plan shall be filed either in total, or in phases, as approved by the Planning Board of the Town of Halfmoon, in the Saratoga County Clerk's office. The exact location and specifications of roadways, buffers, green space and other related matters may be changed, altered or amended during the Town of Halfmoon Planning Board review process in a manner generally consistent with Exhibit A.[1]
[1]
Editor's Note: Said exhibit is on file in the Town offices.
B. 
The project is within the North Halfmoon GEIS. The site has been created to conform in theory with the statements and recommendations of the GEIS.
C. 
Additionally, the applicant will contribute $3,635 in mitigation costs for each and every one of the 66 units to mitigate the cumulative impacts of the project on the GEIS study area as is required within the GEIS for GEIS parcels. The payments will go directly to the GEIS fund as follows:
Water = 66 EDU x $1,830/EDU = $120,780
Culverts = 66 EDU x $79/EDU = $5,214
Traffic = 66 EDU x $1,183/EDU = $78,078
GEIS Prep. = 66 EDU x $31/EDU = $2,046
Open Space = 66 EDU x $512/EDU = $33,792
TOTAL = 66 EDU x $3,635/EDU = $239,910
D. 
The applicant is aware and has consented to be responsible for any increase in fees as approved by the Town Board prior to the obtaining of a building permit for a lot. Similarly, the applicant hereby acknowledges that they are responsible for the fees as established by the Town Board, including any increases, on the date that the fees are due, regardless of what the fees were at the time of the application, approval, or at issuance of building permit. If the applicant constructs improvements which are identified in the GEIS, the applicant is entitled to a credit against the above fees in an amount equal to the cost of those improvements as determined by the Town Engineer and approved by the Town (see § 166-856 for the specific GEIS improvements proposed, the estimated costs for those improvements and the resulting GEIS fee credits anticipated). Request for said credit must be made as part of the request for final subdivision approval to the Planning Board and if approved, should be so noted in the approval resolution.
E. 
Based upon the studies conducted by the Town, including but not limited to the Town-wide survey, trail study, recreation study, the open space work conducted on behalf of the Town, the Comprehensive Plan, and the studies conducted and reports prepared for the new Town park, it is clear that although a proper case exists for requiring a park or parks suitably located for playgrounds or other recreational purposes, this parcel is not suitable for the location of a park of adequate size to meet the needs of the Town of Halfmoon; therefore, the applicant shall be responsible for recreation fees as assessed by the Planning Board at the time of the subdivision and prior to the granting of certificates of occupancy. Recreation fees will therefore be paid on a per-lot basis in the amount of $1,500 per lot for a total of $99,000. These fees are subject to any increase approved by the Town Board.
F. 
The project site is the subject of a Water District Extension Agreement that was previously approved by the Town Board of the Town of Halfmoon associated with the original subdivision of the lands of Klersy (known as "The Meadows at Halfmoon"). The project will be served by the Town of Halfmoon municipal water supply by reason of an Agreement for Extension of Town of Halfmoon Consolidated Water District to be entered into between the applicant and the Town upon terms and conditions acceptable to the Town Board. The execution of that Agreement for Extension of Town of Halfmoon Consolidated Water District is a condition precedent to the subdivision approval and any construction, building permits, or development within the subdivision site. In addition to the improvements noted above, water connection fees will be paid on a per-lot basis in the amount of $1,500 per lot. The previously approved subdivision located on this parcel proposed construction of 49 lots. That applicant paid the Town of Halfmoon $73,500 for connection fees for those lots. Therefore, the current applicant will only be responsible for connection fees for 17 additional lots equaling $25,500. These payments will be phased as outlined in the Water District Extension Agreement.
Sanitary sewer service shall be provided in general conformance with the plans noted above prepared by Ivan Zdrahal Associates, PLLC. Final plans and profiles for same shall be provided as part of the final subdivision plans to be reviewed and approved by the Planning Board and all applicable county and state agencies. All sewer mains and appurtenances will be installed and improved/upgraded by the applicant to the Saratoga County Sewer District No. 1 standards and offered for dedication to the Saratoga County Sewer District No. 1 at no cost to the Saratoga County Sewer District No. 1 or the Town of Halfmoon, with delivery to the Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale as appropriate.
Potable water service for the Pinebrook Hills Planned Development District will be provided by the extension of existing water mains in the vicinity of the parcel and as approved by the Town Engineer and Water Department.
Approval of the New York State Department of Health, New York Department of Environmental Conservation and Town Engineer will be obtained for the potable water system and the sanitary sewer system, as appropriate.
A stormwater management plan will be developed during the subdivision review process. The applicant shall offer to the Town of Halfmoon the stormwater management area for dedication to the Town of Halfmoon upon request by the Town and shall post a one-year maintenance bond or letter of credit upon making the dedication. In the event that the dedication of the stormwater management area and any other areas proposed for dedication are not accepted by the Town of Halfmoon, the applicant shall be responsible for the periodic maintenance and/or repair of the system to the Town of Halfmoon at no cost to the Town of Halfmoon.
A. 
All utilities, roads and/or streets within the Pinebrook Hills Planned Development District shall be constructed by the applicant in accordance with the specifications approved during subdivision review. The roads shall be offered to the Town of Halfmoon for dedication to the Town. The applicant shall post a two-year maintenance bond or letter of credit upon making the dedication to the Town of Halfmoon. The roadway shall be constructed in conformance with the roadway specifications as set forth by the Town Highway Department and the Town engineers with the applicant being responsible for any and all costs associated with the proper inspection of the road.
B. 
Water main.
(1) 
In an effort to provide a direct positive impact on the immediate area, the applicant shall construct and install 2,000 linear feet of twelve-inch water main along Staniak Road north from Bent Grass to serve current residents in need of water. The PDD itself could be served by extending an eight-inch waterline to the site. Pursuant to the Water District Extension Agreement, several upgrades will be made to the system as part of the Pinebrook Hills Planned Development District. First, the new waterline extension from Angle Lane to the project will be upgraded to a twelve-inch line. Second, the twelve-inch line will be extended south to Moreland Drive to connect to an existing waterline providing a loop to improve the entire system. The applicant shall receive a credit towards GEIS fees due for the installation of this line as it is identified as needed infrastructure in the Northern Halfmoon GEIS.
(2) 
Request for credit based upon the final design of the subdivision and waterline shall be made as part of the request for the final subdivision approval and, if approved, shall be so noted in the approval.
(3) 
No certificates of occupancy nor more than five building permits shall be issued until the water main described herein has been installed to the satisfaction of the Halfmoon Director of Water and in accordance with the proposed plans submitted by Ivan Zdrahal Associates, PLLC. Any issuance of building permits shall be in compliance with the road dedication procedures for the Town of Halfmoon.
C. 
As a condition of the PDD approval, the applicant has agreed to dedicate land to the Town of Halfmoon at the end of Angle Lane to allow for installation of a needed cul-de-sac/turnaround to benefit the Highway Department and enhance public safety.
All buildings and improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect or engineer and in strict compliance with established construction standards, regulations and codes (including the New York State Uniform Fire Prevention and Building and Construction Code). All construction, during the performance thereof and upon completion, shall be subject to the inspection and approval of the Town of Halfmoon Code Enforcement Officer, Engineer and Superintendent of Highways, and Fire Marshal.
The Town of Halfmoon Planning Board shall not give final subdivision plan approval unless and until all approvals required by each and every other government or governmental entity have been obtained. The Planning Board may, in its discretion, give approval conditioned upon the applicant obtaining such approvals.
Signs within the Pinebrook Hills Planned Development District shall comply with the requirements established by the Town of Halfmoon Planning Board during subdivision review. The architect or engineer performing the work herein described shall be employed at the expense of the developer.
This local law shall take effect upon being filed in the office of the Secretary of State as provided in the Town Law and/or Municipal Home Rule Law.
The Town of Halfmoon Town Board may, upon the request of the then-owner of the Pinebrook Hills Planned Development District, modify any of the provisions of this local law upon such terms as the Town Board shall determine to be reasonable.
This local law shall be deemed automatically revoked and void, and the previous regulations shall apply, if within three years from the effective date of this local law, or within such additional period as the Town Board may subsequently provide without a further public hearing, commencement of the construction of the Pinebrook Hills Planned Development District has not begun, or if, after construction has begun, substantial progress, weather permitting, is not continued without interruption.